Terms & Conditions
Last Updated January 11, 2020
Terms and Conditions
The following terms and conditions (referred to as both the “Terms and Conditions” and/or the “Agreement”) apply to the iYapMall.com website (www.iYapmall.com) and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the “Site”). IYAP provides its services to you (the “Customer”) subject to this Agreement. By using the Site, you agree to the Terms and Conditions. If you do not accept this Agreement and agree to these Terms and Conditions, then you may not use the Site.
Who We Are
As used in this Agreement, and on the Site, “iYapMall.com, We” refers to as iYap., with headquarters located at 6000 Live Oak Parkway., Ste. 116, Norcross, GA 30093. All content held on this website is the exclusive property of Tokova Distribution Inc.
Changes to This Agreement
IYap reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. IYap also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
You may be required to register with IYap in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to IYap, IYap reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Governing New York Law and Dispute Forum/Jury
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES AND CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE SUPREME COURT FOR THE STATE OF NEW YORK, NEW YORK COUNTY, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH IYAP AND CUSTOMER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
License and Access
IYap grants you a limited license to access and make personal use of the Site and Site content only for noncommercial purposes and only to the extent such use does not violate this Agreement. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by IYap and/or its content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of IYap. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IYap without express written consent. You may not use any meta tags or any other “hidden text” utilizing IYap’s name or trademarks without the express written consent of IYap. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by IYap terminate if you do not comply with this Agreement and/or any other Site Terms & Conditions.
Purpose of Sales
All sales of products by IYap are limited to personal use and may not, without the express prior written approval of IYap, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of IYap, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of IYap or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of IYAP and is protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of IYAP or its licensors. IYAP’s trademarks and trade dress may not be used in connection with any product or service that is not IYAP’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits IYAP. All other trademarks not owned by IYAP that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IYAP.
IYap has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. IYap does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Site, please contact us. If for any reason you are not satisfied with any products you purchase on the Site you can return them to our warehouse or any of our stores, and any refunds or credits due shall be provided in accordance with our Return Policy. We will provide a credit card refund for warehouse returns.
Disclaimer – Beauty Products
IYap sells products from many of the finest cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products (“Beauty Products”) requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.
IYap will endeavor to provide to Customers product labeling information, however, IYap is not the manufacturer of all of the Beauty Products it sells. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.
In providing information or advice on this Site with respect to Beauty Products, whether in chat rooms, in product descriptions, or otherwise, IYap may rely upon advice from third-party manufacturers and from licensed beauticians. As to any products of which IYap is not the manufacturer, IYap will, upon request, endeavor to identify the manufacturer of such product and provide to the Customer contact information for the manufacturer.
General Disclaimer – All Products
IYap does not represent or warrant that the information accessible through the Site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. IYap shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.
All materials and information presented by IYap on the Site are intended to be used for informational purposes only. The products promoted on the Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.
In providing product information to its customers, IYap relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.
IYap cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY IYAP ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM IYAP ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.
Order Acceptance/Shipping Terms/Refunds
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Site, or published in any catalog or other advertisement. IYap reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. IYap reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. IYap also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from IYap for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by IYap, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by IYap is higher than our stated price, we will at our discretion, either contact your for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Pricing for items on IYap.com may be different from prices available in IYAP stores or on IYAP mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users). Verification of order and customer information may be required prior to the acceptance of any order. IYap is not obligated to fulfill any order and may refuse any order. Alternatively, IYap may accept the order and notify the Customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to Customer’s credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site (whether at a store or to the iYap.com Returns Department), IYap is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and IYap shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related order.
Risk of Loss
The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
Any conduct by a person that in IYap’s sole discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
User Comments, Feedback, Posts, and Other Submissions
You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, “Comments”) as long as your Comments do not contain any Prohibited Content. “Prohibited Content” means Content that:
- is threatening, defamatory, hateful, harassing, abusive, or obscene;
- violates the right of privacy or right to publicity;
- is false, deceptive, or otherwise misleading;
- infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
- contains any software virus or other malware;
- includes any commercial or political solicitation;
- violates any local, state, or federal law or regulation;
- impersonates another person or entity;
- includes any advertisement, pyramid scheme, or other “spam;” and/or
- is otherwise objectionable or non-family-friendly as determined by IYAP in its sole discretion.
Although IYAP cannot monitor all Comments, IYAP reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify IYAP for all claims resulting from any such Comments. IYAP has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
IYap does not claim ownership of any Comment. However, you agree that IYap is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with IYap’s (and its successors’ and assigns)’ business. You grant IYAP a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant IYAP the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
You represent and warrant that:
- you own or otherwise control all of the rights to any Comment;
- use of any Comment supplied by you will not violate this Agreement; and
- the Comment will not cause injury to any person or entity.
IYAP takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.
IYAP respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below in our Notice and Procedure for Copyright Infringement Claims to contact us to report possible copyright infringement.
NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
IYAP’s policy is to respond promptly to claims of copyright infringement on our Site. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement under United States copyright law, please submit a notification to IYAP’s Copyright Agent (listed below).
Please provide the following information in your notification:
- (1) The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- (2) A description of the copyrighted work(s) that you claim has been infringed;
- (3) A description of the location on the Site of the material that you claim to be infringing;
- (4) Your address, telephone number, and email address;
- (5) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (6) A statement by you, made under penalty of perjury, that the information in your notification to IYAP is accurate and that you are authorized to act on behalf of the copyright owner.
IYAP’s Copyright Agent can be reached as follows:
- IYap Legal Services
- IYap Salon, Cosmetics and Fragrance, Inc.
- 6000 Live Oak Parkway; Suite 116
- Norcross, GA 30093
- 877-865-6821 (877-Tokova1)
Email: [email protected]
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on the Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, IYAP’s policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.
If a notice of copyright infringement has been filed against you, you may file a counter notification with IYAP’s Copyright Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to IYAP’s Copyright Agent that includes the following:
- Your physical or electronic signature;
- A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, IYAP may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter notification, in IYAP’s sole discretion.
Termination of Usage
IYap may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer’s access to all or part of the Site, without notice, for any conduct that IYap, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or IYap.
Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). IYap is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
IYap permits certain third party links to the home page of its site, provided that IYap is provided with notice of such links and does not thereafter object to such linking. No links or “deep links” are permitted to any page other than the iYap.com home page without the prior written consent of IYap and IYap reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
SMS Terms and Conditions
By texting IYAP from my mobile phone, You agree to receive autodialed messages from IYap on your mobile phone. Consent is not a condition of purchase. You will receive a maximum of 5 messages per month.
Mobile Service, Internet and Service Fees
The following section applies to users of IYap’s mobile application (the “Application”): The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from IYap, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. IYap makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), to which you will be required to agree prior to your use of such services
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between IYap and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by IYap without need of further notice and shall not be part of this Agreement or in any way binding upon IYap.
Acceptance of This Agreement and of Amendments and Modifications Thereof
Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by IYap on the Site, which shall be the entire agreement of the parties with regard to the use of the Site. Amendments or other modifications to this Agreement may, from time to time, be made by IYap sending an email to the Customer at Customer’s last known email address or by posting thereof on the Site.
Our Address and Contact Information Relating to the Terms of this Agreement
If you have any questions regarding the terms of this Agreement, you should contact IYAP as follows:
6000 Live Oak Parkway
Norcross, GA – 30093
Attn: General Counsel
By Email: [email protected]